Agency kicking up a fuss over notice period

[LondonManc]

I did ask, but the manager is very unresponsive. He ignored my last email and didnt return my call. He doesn't give a crap about anything, only spoken to him once in a work meeting. He hasnt even told me what to do in my remaining time or to handover anything etc.

There could be one more easy out for you - have you checked your contract for a mutuality of obligation clause?

[sira]

There could be one more easy out for you - have you checked your contract for a mutuality of obligation clause?

There's nothing alone those lines. My contract is a bare bones 1 pager.

[LondonManc]

There's nothing alone those lines. My contract is a bare bones 1 pager.

Are any deliverables stated in the contract? Or have they left it so inside IR35 that you're an undisguised perm?

[northernladuk]

There could be one more easy out for you - have you checked your contract for a mutuality of obligation clause?

That won't really work on three levels. Firstly MoO is work outside the current agreed piece of work i.e after the current contract ends. OP is currently in a contract that has obligations to do the work agreed. Not turning up comes or client not giving work currently comes under the T&M clause of his contract not MoO.

Secondly neither the client nor the agent will understand this and still argue the point regardless of this

Thirdly he's inside so very unlikely he's got anything like this in his contract.

The other parties aren't going to understand the finer points of the contract so unlikely any of that will work. Agent is losing money so they'll just push. All this will only be of any use if it came to court which it won't anyway.

[escapeUK]

If the shoe was on the other foot both the agency and client would get rid of you without a second thought and manage to diddle you out of your holidays too! Why 4 weeks for them, but only 2 for you? Perfect example of unfairness.

Working 2 weeks notice seems more than fair to me. Since you paint the client in a bad light, I would have probably quit on the spot, enjoyed two weeks to recharge my batteries and started the new gig nice and fresh and ready to impress.

[Fraidycat]

He is never signing your last time sheets

I doubt it.

But if he doesn't sign the time sheet for days really worked, OP should tell him he will leave appropriate feedback on social media and job review boards (glassdoor, google review, twitter etc).

Middle managers are mostly spineless.
He will soon realise its more than his jobsworth to not sign your timesheet.

[LondonManc]

That won't really work on three levels. Firstly MoO is work outside the current agreed piece of work i.e after the current contract ends. OP is currently in a contract that has obligations to do the work agreed. Not turning up comes or client not giving work currently comes under the T&M clause of his contract not MoO.

Secondly neither the client nor the agent will understand this and still argue the point regardless of this

Thirdly he's inside so very unlikely he's got anything like this in his contract.

The other parties aren't going to understand the finer points of the contract so unlikely any of that will work. Agent is losing money so they'll just push. All this will only be of any use if it came to court which it won't anyway.

MoO includes no obligation to accept work within the current dates of the existing contract too - "we're waiting for data imports for your project, could you just clear a couple of these support tickets for us while you're waiting" for example.

The main reason I was asking about MoO (and to an extent, the statement of work, should one exist) is that if the OP has already completed the work set out at the start, then there's no reason for them to stay. If they've delivered everything (and assuming a handover is not a deliverable) then they could talk to the hiring manager suggesting that they could make themselves look good by emailing their boss and saying "this contractor I got in has completed the work early and has offered to leave early now it's done. It'll save us mucho dollars so in principle I'm happy to let them go now and tell the agency we're terminating with immediate effect. Is that okay with you?" There doesn't even need to be any MoO in place for this, just brownie points for the hiring boss for being proactive and saving money in times of cost-cutting focus.

[northernladuk]

If the shoe was on the other foot both the agency and client would get rid of you without a second thought and manage to diddle you out of your holidays too! Why 4 weeks for them, but only 2 for you? Perfect example of unfairness.

Working 2 weeks notice seems more than fair to me. Since you paint the client in a bad light, I would have probably quit on the spot, enjoyed two weeks to recharge my batteries and started the new gig nice and fresh and ready to impress.

What has fair got to do when it comes to business? Uneven terms can be explained by the client possibly having a need for the a new resource to be found and work handed over whcih could easily take four weeks. Minimising the time you are stuck with a contractor when you don't need them also makes sense so a reasonable sitaution. I don't see where fair comes in to the decision making process and business requirements.

Also what is fair to you will be totally different to what's fair for your client and as you are a supplier to your client you are in second place when it comes to fairness (if there is even such a thing as I mentioned).

Also it sounds like the client is OK him going early so the fairness of the length of termination isn't in question here. It's the agency being an arse over the contractual clauses which earns them money so they are sticking to it. Is it not 'unfair' that the OP signed a contract in good faith and is now breaching that causing direct loss to the agent?

[northernladuk]

MoO includes no obligation to accept work within the current dates of the existing contract too - "we're waiting for data imports for your project, could you just clear a couple of these support tickets for us while you're waiting" for example.

Kind of but in my mind that's also covered off by D&C so that's why I tend to see MoO as after the work but fair point.

The main reason I was asking about MoO (and to an extent, the statement of work, should one exist) is that if the OP has already completed the work set out at the start, then there's no reason for them to stay. If they've delivered everything (and assuming a handover is not a deliverable) then they could talk to the hiring manager suggesting that they could make themselves look good by emailing their boss and saying "this contractor I got in has completed the work early and has offered to leave early now it's done. It'll save us mucho dollars so in principle I'm happy to let them go now and tell the agency we're terminating with immediate effect. Is that okay with you?" There doesn't even need to be any MoO in place for this, just brownie points for the hiring boss for being proactive and saving money in times of cost-cutting focus.

Ah yes, correct. I didn't consider this because in my mind he's mid work on an inside gig so wasn't gonna be a factor. Useful point when wanting to leave a gig after the work has finished for sure.

[LondonManc]

Kind of but in my mind that's also covered off by D&C so that's why I tend to see MoO as after the work but fair point.


Ah yes, correct. I didn't consider this because in my mind he's mid work on an inside gig so wasn't gonna be a factor. Useful point when wanting to leave a gig after the work has finished for sure.

Cheers. I think the OP is in an unfortunate position partly of their own making, but I similarly think we need to recognise that there is too much take from the client and agency in these sorts of situations, especially if the rate is a bit crap or the work is done. Imbalanced notice periods never sit well either - pay a proper rate and people won't want to jump ship; contractors accept that they're never going to be the most popular kid in class but they expect to be paid well for the privilege of being seen as a contracting scumbag.